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Articles 841 - 870 of 1182
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The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff
The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff
Law and Contemporary Problems
Duff describes and discusses the Scottish criminal jury. While the exact origins of the Scottish criminal jury are obscure, it is clear that it developed in tandem with, although in a different fashion from, its English counterpart.
Foreword, Neil Vidmar
Decline Of The “Little Parliament”: Juries And Jury Reform In England And Wales, Sally Lloyd-Bostock, Cheryl Thomas
Decline Of The “Little Parliament”: Juries And Jury Reform In England And Wales, Sally Lloyd-Bostock, Cheryl Thomas
Law and Contemporary Problems
Lloyd-Bostock and Thomas take a historical look at the English jury and place the jury and jury reform in the context of the English legal and political system.
The American Criminal Jury, Nancy Jean King
The American Criminal Jury, Nancy Jean King
Law and Contemporary Problems
King describes the American criminal jury, focusing on those aspects of the institution that distinguish it from juries in other parts of the world.
Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman
Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman
Law and Contemporary Problems
The recent history of juries in Australia reveals an interesting clash between the endeavours of state and territory governments to reduce the costs associated with jury trial by various means and the determination of the High Court of Australia to reassert the traditional values and features of jury trial.
The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young
The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young
Law and Contemporary Problems
In New Zealand, the recent history of the jury has been one of fairly steady decline. This is particularly so of the civil jury, which has become virtually extinct with little realistic prospect of revival.
The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley
The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley
Law and Contemporary Problems
Jackson et al discuss the distinctive features of criminal trial by jury in Ireland, both north and south, to explain how the jury continues to survive within modern Ireland and how it also has managed to decline in significance.
Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman
Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman
Law and Contemporary Problems
Thaman compares the provisions of the 1993 Russian Jury Law with the 1995 Spanish Jury Law, focusing on the effect of their implementation and reintroduction of the classic jury system on current problems.
Reviving The Criminal Jury In Japan, Lester W. Kiss
Reviving The Criminal Jury In Japan, Lester W. Kiss
Law and Contemporary Problems
Kiss analyzes whether the readoption of criminal jury trials in present-day Japan would be feasible from cultural, societal and legal viewpoints in light of Japan's prior experience with a jury system.
“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart
“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart
Law and Contemporary Problems
Bogart offers some explanations of why Canadian civil juries exist only at the margins by examining the availability of civil juries, empirical evidence regarding their use and cost in Ontario Canada and academic and policy debates concerning their role.
Some Observations Along The Road To “National Information Power”, William Gravell
Some Observations Along The Road To “National Information Power”, William Gravell
Duke Journal of Comparative & International Law
No abstract provided.
Prosecuting Race, Anthony V. Alfieri
Prosecuting Race, Anthony V. Alfieri
Duke Law Journal
Theoreticians and practitioners in the American criminal justice system increasingly debate the role of racial identity, racialized narratives, and race-neutral representation in law, lawyering, and ethics. This debate holds special bearing on the growing prosecution and defense of acts of racially motivated violence. In this continuing investigation of the prosecution and defense of such violence, Professor Alfieri examines the recent federal prosecution of five white New York City police officers charged with assaulting Abner Louima, a young male Haitian immigrant, in 1997. Professor Alfieri presents a raceconscious, community-oriented model of prosecutorial discretion guided by constitutional precepts, citizenship ideals, professionalism values, …
Semiotics, Analogical Legal Reasoning, And The Cf. Citation: Getting Our Signals Uncrossed, Ira P. Robbins
Semiotics, Analogical Legal Reasoning, And The Cf. Citation: Getting Our Signals Uncrossed, Ira P. Robbins
Duke Law Journal
The Bluebook's introductory citation signals are essential to effective legal discourse. The choice of signal can influence not only the interpretation of cited cases, but also the path of the law. In this Article, Professor Ira Robbins examines one commonly used signal: the cf. After exploring its semiotic function, he details the multitude of ways in which this signal has been used and misused. He argues that lawyers' and judges' careless use of the cf. leads to confusing and often incoherent developments in the law, and concludes by proposing a precise working definition for this irksome, but potentially powerful, citation …
Expert Testimony: Seeking An Appropriate Admissibility Standard For Behavioral Science In Child Sexual Abuse Prosecutions, Dara Loren Steele
Expert Testimony: Seeking An Appropriate Admissibility Standard For Behavioral Science In Child Sexual Abuse Prosecutions, Dara Loren Steele
Duke Law Journal
No abstract provided.
Why The Law Hates Speculators: Regulation And Private Ordering In The Market For Otc Derivatives, Lynn A. Stout
Why The Law Hates Speculators: Regulation And Private Ordering In The Market For Otc Derivatives, Lynn A. Stout
Duke Law Journal
A wide variety of statutory and common law doctrines in American law evidence hostility towards speculation. Conventional economic theory, however, generally views speculation as an efficient form of trading that shifts risk to those who can bear it most easily and improves the accuracy of market prices. This Article reconciles the apparent conflict between legal tradition and economic theory by explaining why some forms of speculative trading may be inefficient. It presents a heterogeneous expectations model of speculative trading that offers important insights into antispeculation laws in general, and the ongoing debate concerning over-the-counter (OTC) derivatives in particular. Although trading …
Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder
Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder
Law and Contemporary Problems
The fundamental flaw in the independent counsel statute consists of its attempt to convert a political decision, the decision whether to refer to a case of public corruption to an investigator outside normal prosecutorial offices, into a legal one. When the Independent Counsel Reauthorization Act of 1994 expires on Jun 30, 1999, it should not be reenacted unless this flaw is eliminated.
The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood
The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood
Law and Contemporary Problems
No abstract provided.
The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch
The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch
Law and Contemporary Problems
Despite the divergence of opinion regarding the Ethics in Government Act, it appears there is a growing public consensus that the Act is genuinely and seriously flawed. Whether these flaws can be corrected is in serious doubt.
Shifting Away From Rehabilitation: State V. Ladd’S Equal Protection Challenge To Alaska’S Automatic Waiver Law, Kimberly S. May
Shifting Away From Rehabilitation: State V. Ladd’S Equal Protection Challenge To Alaska’S Automatic Waiver Law, Kimberly S. May
Alaska Law Review
No abstract provided.
The Jurisprudence Of Willfulness: An Evolving Theory Of Excusable Ignorance, Sharon L. Davies
The Jurisprudence Of Willfulness: An Evolving Theory Of Excusable Ignorance, Sharon L. Davies
Duke Law Journal
Ignorantia legis non excusat-ignorance of the law does not excuse-is a centuries-old criminal law maxim familiar to lawyer and layperson alike. Under the doctrine, an accused finds little protection in the claim "But, I did not know the law," for all are presumed either to be familiar with the law's commands or to proceed in ignorance at their own peril. The ignorant must be punished along with the knowing, the maxim teaches, to achieve a better educated and more law-abiding populace and to avoid the easy-to-assert and difficult-to-dispute claim of ignorance that would otherwise flow from the lips of any …
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Law and Contemporary Problems
Gross discusses the incidence of erroneous convictions for capital murder, which are systematic consequences of the natuere of homicide prosection in general and capital prosecution in particular.
Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat
Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat
Law and Contemporary Problems
Sarat locates the American Bar Association's call for a moratorium on executions in the context of modern abolitionist politics. New abolitionism links anti-death penalty work with a broader civil rights agenda.
Racial Disparity And The Death Penalty, John C. Mcadams
Racial Disparity And The Death Penalty, John C. Mcadams
Law and Contemporary Problems
McAdams examines the rhetoric and data supporting the "mass market" version of the racial disparity thesis. The system is racist in that it punishes those who kill whites more severely than those who kill blacks.
Moratorium On The Death Penalty For Juveniles, Victor L. Streib
Moratorium On The Death Penalty For Juveniles, Victor L. Streib
Law and Contemporary Problems
Streib offers a sketch of the sentences and actual executions in the juvenile death penalty system for the past quarter-century. The ABA's moratorium calls for the complete prevention of the execution of offenders under age 18 at the time of their crimes.
The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau
The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau
Law and Contemporary Problems
Radelet and Bedau discuss the continuing and regular incidence of American trial courts sentencing innocent defendants to death, which was one of the problems that gave rise to the ABA's moratorium on capital punishment.
The American Bar Association And Federal Habeas Corpus, Larry W. Yackle
The American Bar Association And Federal Habeas Corpus, Larry W. Yackle
Law and Contemporary Problems
Yackle evaluates the ABA's claims touching federal habeas corpus in death penalty cases. Neither the Supreme Court nor the Anti-Terrorism and Effective Death Penalty Act of 1996 embrace the ABA's policy for habeas corpus.
The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen
The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen
Law and Contemporary Problems
Bienen uses Illinois as a case study of injustice in capital cases. The quality of justice in the trial and appeal of capital cases in Illinois is of a very low standard.
Comment, Ernest A. Finney Jr.
Sidestepping Scott: Modifying Criminal Discovery In Alaska, Cameron J. Williams
Sidestepping Scott: Modifying Criminal Discovery In Alaska, Cameron J. Williams
Alaska Law Review
No abstract provided.
Piercing The Veil Of Secrecy In Hiv/Aids And Other Sexually Transmitted Diseases: Theories Of Privacy And Disclosure In Partner Notification, Lawrence O. Gostin, James G. Hodge Jr.
Piercing The Veil Of Secrecy In Hiv/Aids And Other Sexually Transmitted Diseases: Theories Of Privacy And Disclosure In Partner Notification, Lawrence O. Gostin, James G. Hodge Jr.
Duke Journal of Gender Law & Policy
No abstract provided.